The Waqf (Amendment) Bill, 2024, has emerged as one of the most polarizing legislative proposals in India’s recent history, igniting fierce debates in Parliament, protests on the streets, and a flurry of reactions online. Introduced in the Lok Sabha on August 8, 2024, by Union Minority Affairs Minister Kiren Rijiju, the bill seeks to overhaul the Waqf Act of 1995, which governs the management of properties dedicated by Muslims for religious, charitable, or private purposes.
Touted by the government as a reform to enhance transparency and efficiency, the bill has been met with vehement opposition from political rivals, Muslim organizations, and community leaders who see it as an assault on religious autonomy and constitutional rights. As it heads toward a critical discussion in Parliament today, April 2, here’s a comprehensive breakdown of the controversy.
Waqf Bill Controversy Explained: A Deep Dive into the Debate Shaking India
What is Waqf and the Waqf Act?
Waqf, an Arabic term meaning “endowment,” refers to property donated by Muslims in perpetuity for pious, religious, or charitable purposes under Islamic law. Once designated as Waqf, the property is considered to belong to God, managed by a mutawalli (caretaker) and overseen by state Waqf Boards. In India, Waqf Boards control an estimated 8.7 lakh properties spanning 9.4 lakh acres, valued at ₹1.2 lakh crore, making them the third-largest landowners after the armed forces and Indian Railways.
The Waqf Act of 1995, amended in 2013, established the legal framework for managing these properties, empowering Waqf Boards to designate properties as Waqf, recover encroachments, and resolve disputes via Waqf Tribunals. However, issues like mismanagement, corruption, and property disputes have long plagued the system, prompting calls for reform.
What Does the Waqf (Amendment) Bill Propose?
The bill, now renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, introduces over 40 amendments. Key changes include:
- Inclusion of Non-Muslims: Mandates at least two non-Muslim members in the Central Waqf Council and State Waqf Boards, a shift from the 1995 Act’s all-Muslim requirement (except the ex-officio Union Minister).
- Property Ownership Rules: Only individuals practicing Islam for at least five years and owning the property can declare a Waqf, barring non-Muslims from creating Waqfs and removing the “Waqf by user” provision (where long-term religious use qualified a property as Waqf without documentation).
- Government Oversight: Transfers the authority to classify properties as Waqf or government-owned from Waqf Tribunals to state-appointed officers (initially District Collectors, now senior state officials per JPC amendments). Government properties claimed as Waqf will no longer be recognized as such.
- Mandatory Registration: Requires all Waqf properties to be registered on a central portal within six months, with timelines extendable by Tribunals in select cases.
- Tribunal Reforms: Expands Waqf Tribunals to include a District Judge and a Joint Secretary-level officer, with decisions appealable to High Courts, ending the Tribunals’ finality.
The Joint Parliamentary Committee (JPC), chaired by BJP MP Jagdambika Pal, reviewed the bill after its introduction, adopting 14 amendments from NDA members on January 27, 2025, while rejecting 44 opposition proposals. The Union Cabinet cleared these changes on February 27, setting the stage for today’s parliamentary showdown.
Why Is It Controversial?
The bill has split opinions sharply, with supporters and critics clashing over its intent and impact.
Government’s Case: Transparency and Modernization
The BJP-led NDA argues the amendments address long-standing issues of mismanagement and encroachment. Parliamentary Affairs Minister Kiren Rijiju has emphasized, “This is purely a provision for governance and property management, not interference in religious affairs.” Supporters highlight:
- Curbing Misuse: By requiring lawful ownership and scrapping “Waqf by user,” the bill aims to prevent fraudulent claims on private or government land.
- Inclusivity: Adding non-Muslims and women (at least two per board) enhances diversity and accountability.
- Efficiency: Centralized registration and audits by the Comptroller and Auditor-General will streamline administration and reduce litigation.
BJP MP Aparajita Sarangi noted the JPC’s 34 sittings over 108 hours consulted 284 stakeholders, calling the process “democratic and inclusive.”
Opposition’s Critique: An Attack on Muslim Rights
The Congress-led INDIA bloc, alongside Muslim groups like the All India Muslim Personal Law Board (AIMPLB), sees the bill as a direct threat. Key objections include:
- Religious Autonomy: Including non-Muslims in Waqf bodies and barring them from creating Waqfs is seen as violating Articles 25 (freedom of religion) and 26 (right to manage religious affairs). AIMIM MP Asaduddin Owaisi called it “unconstitutional and discriminatory,” arguing it undermines Muslim self-governance.
- Government Overreach: Shifting dispute resolution to state officers—who critics say will favor government claims—erodes Waqf Boards’ authority. Congress MP Imran Masood accused the BJP of aiming to “seize Waqf properties.”
- Retrospective Risks: Though amended to not apply retrospectively to registered properties, 90% of Waqf lands remain unregistered, per Masood, leaving them vulnerable.
- Lack of Consultation: Opposition MPs like DMK’s A. Raja and Shiv Sena (UBT)’s Arvind Sawant allege inadequate stakeholder input, with dissent notes suppressed in the JPC report.
Muslim organizations have vowed a Supreme Court challenge if the bill passes, citing breaches of constitutional protections and parallels to historical British attempts to curb Waqfs.
The Political Showdown
With the NDA holding 293 MPs in the Lok Sabha (majority: 272) and 125 in the Rajya Sabha (majority: 118), the bill’s passage seems assured, despite JD(U) leader Nitish Kumar’s reservations. The opposition, needing nine nominated Rajya Sabha votes to block it, plans a dual strategy: parliamentary resistance and legal recourse. The JPC process itself was stormy—Trinamool MP Kalyan Banerjee’s bottle-smashing incident and the suspension of 10 opposition MPs in January underscored the tension.
Public Sentiment and Broader Implications
On X, opinions range from support—“Finally, transparency in Waqf management!”—to outrage—“A fascist grab of Muslim assets!” Protests in cities like Lucknow and Kolkata, alongside statements from clerics like Maulana Kalbe Jawad, reflect community unease. Critics fear the bill aligns with a broader BJP agenda to reshape India’s socio-religious landscape, while supporters see it as a overdue correction to a flawed system.
1. What is the Waqf (Amendment) Bill, 2024?
The Waqf (Amendment) Bill, 2024, is a legislative proposal introduced in the Lok Sabha on August 8, 2024, to amend the Waqf Act of 1995. It aims to reform the management of Waqf properties—endowments dedicated by Muslims for religious, charitable, or private purposes—by enhancing transparency, efficiency, and government oversight. It’s now called the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.
2. What are Waqf properties?
Waqf properties are movable or immovable assets donated by Muslims in perpetuity for purposes recognized as pious, religious, or charitable under Islamic law (e.g., mosques, graveyards, schools). Once designated as Waqf, ownership transfers to God, managed by Waqf Boards. India has 8.7 lakh such properties across 9.4 lakh acres, valued at ₹1.2 lakh crore.
3. What are the key changes proposed in the bill?
- Non-Muslim Inclusion: Requires at least two non-Muslim members in the Central Waqf Council and State Waqf Boards.
- Ownership Rules: Limits Waqf creation to Muslims practicing for five years who own the property, removing “Waqf by user” (recognition via long-term use).
- Government Role: Shifts property classification authority from Waqf Tribunals to state officers, excluding government land from Waqf status.
- Registration: Mandates all Waqf properties be registered on a central portal within six months.
- Tribunal Changes: Expands Tribunals to include a District Judge and Joint Secretary-level officer, with appeals allowed in High Courts.
4. Why is the government pushing this bill?
The BJP-led NDA claims it addresses mismanagement, corruption, and encroachments in Waqf properties. They argue it ensures transparency (via audits and registration), inclusivity (by adding non-Muslims and women), and efficiency, benefiting marginalized Muslims like women and backward communities, without interfering in religious practices.
5. Why is the bill controversial?
Critics, including the opposition and Muslim groups, argue it:
- Violates religious autonomy (Articles 25 and 26 of the Constitution) by involving non-Muslims and government officials.
- Centralizes control, undermining Waqf Boards.
- Threatens unregistered properties (90% of total, per critics) by removing “Waqf by user.”
- Risks favoring government claims in disputes, potentially seizing Waqf assets.
6. Who supports the bill?
The NDA, led by the BJP, supports it, with 293 MPs in the Lok Sabha and 125 in the Rajya Sabha as of April 2025. Allies like JD(U) and TDP back it, with TDP securing amendments like non-retrospective application of the “Waqf by user” removal. Some non-Muslim groups, like the Kerala Catholic Bishops Council, also endorse it.
7. Who opposes the bill?
The INDIA bloc (Congress, AIMIM, SP, DMK, etc.), Muslim organizations like the All India Muslim Personal Law Board (AIMPLB), and clerics like Maulana Kalbe Jawad oppose it. They call it unconstitutional, discriminatory, and a BJP ploy to polarize voters and weaken Muslim rights.
8. What happened in the Joint Parliamentary Committee (JPC)?
The bill was referred to a 31-member JPC (21 Lok Sabha, 10 Rajya Sabha) led by BJP MP Jagdambika Pal after its introduction. After 34 sittings, it adopted 14 NDA amendments on January 27, 2025, rejecting 44 opposition proposals. The process was contentious, with opposition MPs alleging bias and suppressed dissent, though full notes were later included after protests.
9. Is the bill retrospective?
No, JPC amendments clarified it won’t apply retrospectively to registered properties. However, critics note 90% of Waqf properties are unregistered, leaving them vulnerable to reclassification by state officers.
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